Chapter 11 - Accountability of the Parliament Flashcards
What are some of the forms of parliamentary accountability?
Electoral accountability,
accountability through privileges committees, accountability through parliament procedures and processes,
judicial accountability
How is electoral accountability achieved?
Sections 7 and 24 require that each house is directly elected by the people
Parliament is held accountable by performance of its roles
How is electoral accountability achieved in the House of Representatives?
PV system is good for accountability as single member electorate means voters can easily know who their member is
What is an example of electoral accountability?
Tony Abbott in Warringah. Was not elected in the 2019 election due to his views being out of date and less progressive than his electorate
Why is the Senate worse than the House of Reps in terms of accountability?
PR system and multi-member electorates mean people don’t know who represents them as clearly
6 year terms make the house less responsive
Malapportionment compromises accountability, e.g. Tasmanian senators are less accountable
How does safety of seat contribute to accountability?
Easier to hold members in marginal seats accountable than safe seats
Sitting member last campaigns ask voters to put the member last on ballot to minimize chances of re-election
E.g. Lisa Singh, was placed in an unwinnable position and asked her voters to vote for her with below-the-line, which worked
How is accountability achieved through privileges committees?
Privileges committees manage use of parliamentary privilege to ensure it is not abused
What is an example of a privileges committee holding an MP accountable?
Craig Thomson case.
Misused a government credit card and named people in parliament who he claimed set him up, breaching privilege.
Privileges committee reprimanded him but he was no longer in parliament at that point
What are interests committees?
Interests committees are another type of parliamentary committee which helps with accountability, by making the financial interests of MPs transparent to prevent conflicts of interest
What parliamentary procedures and processes uphold accountability?
- Standing orders: rules which govern parliament. Upheld by the Speaker/President
- Order of Business: written daily agenda of parliament, helps parliament stay time-accountable
- Hansard: public record of everything said in parliament and committees
How is the parliament held accountable by the judiciary?
HC can hold parliament accountable through constitutional interpretation, statute interpretation (Native title), appeals
HC can review statutes if they are made beyond the power of parliament and can be declared ultra vires
E.g. Communist Party case, Williams 2
